BILL NUMBER: AB 370	CHAPTERED  10/10/99

	CHAPTER   654
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	AMENDED IN SENATE   SEPTEMBER 3, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JUNE 16, 1999
	AMENDED IN SENATE   JUNE 3, 1999
	AMENDED IN ASSEMBLY   MARCH 24, 1999

INTRODUCED BY   Assembly Member Wright

                        FEBRUARY 11, 1999

   An act to add Section 17525 to, and to repeal and add Section
17520 of, the Family Code, and to amend Section 11350.6 of, and to
add Section 11476.3 to, the Welfare and Institutions Code, relating
to support.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 370, R. Wright.  Child support.
   Under existing law, certain state agencies and each county are
required to perform various functions with respect to support
enforcement and collection.
   Existing law authorizes notices of support delinquency to be
issued under certain conditions and in accordance with certain
requirements.
   This bill would require that a delinquency notice issued by a
state or local government agency state the date upon which the amount
of the delinquency was calculated and notify the support obligor
that the amount calculated may or may not include accrued interest,
and would provide that this notice requirement shall not be imposed
until the local child support agency has instituted the California
Child Support Automation system, as defined.  The bill would also
require that the support obligor be notified of his or her right to
an administrative determination of arrears by requesting that the
local child support agency review the arrears.  The bill would
prohibit the state agency from suspending enforcement of any
arrearages as a result of the obligor's request for an administrative
determination of arrears, except under specified circumstances.
   Because the bill would impose additional duties on local agencies,
the bill would constitute a state-mandated local program.
   Existing law requires the district attorney, in cases in which the
custodial parent is a recipient of benefits under the California
Work Opportunity and Responsibility to Kids (CalWORKs) program, to
keep a list of persons against whom a court order for support has
been rendered and who are out of compliance with the order.
   Existing law permits, and in some cases requires, state licensing
boards to suspend licenses or to refuse to issue a license or license
renewal to these persons.
   Existing law requires the district attorney to mail to a support
obligor on the list of noncompliant obligors and the appropriate
licensing board a release when the obligor is in compliance with the
court order.
   This bill would require any board that has received a release from
a district attorney to process that release within 5 business days
of its receipt.
   This bill would also incorporate certain changes made to child
support provisions made by AB 196 and SB 542, if either or both of
those bills are enacted during the 1999-2000 Regular Session.
   This bill would also incorporate additional changes relating to
child support made by SB 240, if both bills are enacted, and certain
other conditions are met.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17520 of the Family Code, as added by Assembly
Bill 196 of the 1999-2000 Regular Session, is repealed.
  SEC. 2.  Section 17520 of the Family Code, as added by Senate Bill
542 of the 1999-2000 Regular Session, is repealed.
  SEC. 3.  Section 17520 is added to the Family Code, to read:
   17520.  (a) As used in this section:
   (1) "Applicant" means any person applying for issuance or renewal
of a license.
   (2) "Board" means any entity specified in Section 101 of the
Business and Professions Code, the entities referred to in Sections
1000 and 3600 of the Business and Professions Code, the State Bar,
the Department of Real Estate, the Department of Motor Vehicles, the
Secretary of State, the Department of Fish and Game, and any other
state commission, department, committee, examiner, or agency that
issues a license, certificate, credential, permit, registration, or
any other authorization to engage in a business, occupation, or
profession, or to the extent required by federal law or regulations,
for recreational purposes.  This term includes all boards,
commissions, departments, committees, examiners, entities, and
agencies that issue a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession.  The failure to specifically name a
particular board, commission, department, committee, examiner,
entity, or agency that issues a license, certificate, credential,
permit, registration, or any other authorization to engage in a
business, occupation, or profession does not exclude that board,
commission, department, committee, examiner, entity, or agency from
this term.
   (3) "Certified list" means a list provided by the local child
support agency to the Department of Child Support Services in which
the local child support agency verifies, under penalty of perjury,
that the names contained therein are support obligors found to be out
of compliance with a judgment or order for support in a case being
enforced under Title IV-D of the Social Security Act.
   (4) "Compliance with a judgment or order for support" means that,
as set forth in a judgment or order for child or family support, the
obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments in
full, whether court ordered or by agreement with the local child
support agency, on a support arrearage, or in making periodic
payments in full, whether court ordered or by agreement with the
local child support agency, on a judgment for reimbursement for
public assistance, or has obtained a judicial finding that equitable
estoppel as provided in statute or case law precludes enforcement of
the order.  The local child support agency is authorized to use this
section to enforce orders for spousal support only when the local
child support agency is also enforcing a related child support
obligation owed to the obligee parent by the same obligor, pursuant
to Sections 17400 and 17604.
   (5) "License" includes membership in the State Bar, and a
certificate, credential, permit, registration, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession, or to operate a commercial motor
vehicle, including appointment and commission by the Secretary of
State as a notary public.  "License" also includes any driver's
license issued by the Department of Motor Vehicles, any commercial
fishing license issued by the Department of Fish and Game, and to the
extent required by federal law or regulations, any license used for
recreational purposes.  This term includes all licenses,
certificates, credentials, permits, registrations, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession.  The failure to specifically
name a particular type of license, certificate, credential, permit,
registration, or other authorization issued by a board that allows a
person to engage in a business, occupation, or profession, does not
exclude that license, certificate, credential, permit, registration,
or other authorization from this term.
   (6) "Licensee" means any person holding a license, certificate,
credential, permit, registration, or other authorization issued by a
board, to engage in a business, occupation, or profession, or a
commercial driver's license as defined in Section 15210 of the
Vehicle Code, including an appointment and commission by the
Secretary of State as a notary public.  "Licensee" also means any
person holding a driver's license issued by the Department of Motor
Vehicles, any person holding a commercial fishing license issued by
the Department of Fish and Game, and to the extent required by
federal law or regulations, any person holding a license used for
recreational purposes.  This term includes all persons holding a
license, certificate, credential, permit, registration, or any other
authorization to engage in a business, occupation, or profession, and
the failure to specifically name a particular type of license,
certificate, credential, permit, registration, or other authorization
issued by a board does not exclude that person from this term.
   (b) The local child support agency shall maintain a list of those
persons included in a case being enforced under Title IV-D of the
Social Security Act against whom a support order or judgment has been
rendered by, or registered in, a court of this state, and who are
not in compliance with that order or judgment.  The local child
support agency shall submit a certified list with the names, social
security numbers, and last known addresses of these persons and the
name, address, and telephone number of the local child support agency
who certified the list to the department.  The local child support
agency shall verify, under penalty of perjury, that the persons
listed are subject to an order or judgment for the payment of support
and that these persons are not in compliance with the order or
judgment.  The local child support agency shall submit to the
department an updated certified list on a monthly basis.
   (c) The department shall consolidate the certified lists received
from the local child support agencies and, within 30 calendar days of
receipt, shall provide a copy of the consolidated list to each board
that is responsible for the regulation of licenses, as specified in
this section.
   (d) On or before November 1, 1992, or as soon thereafter as
economically feasible, as determined by the department, all boards
subject to this section shall implement procedures to accept and
process the list provided by the department, in accordance with this
section.  Notwithstanding any other law, all boards shall collect
social security numbers from all applicants for the purposes of
matching the names of the certified list provided by the department
to applicants and licensees and of responding to requests for this
information made by child support agencies.
   (e) (1) Promptly after receiving the certified consolidated list
from the department, and prior to the issuance or renewal of a
license, each board shall determine whether the applicant is on the
most recent certified consolidated list provided by the department.
The board shall have the authority to withhold issuance or renewal of
the license of any applicant on the list.
   (2) If an applicant is on the list, the board shall immediately
serve notice as specified in subdivision (f) on the applicant of the
board's intent to withhold issuance or renewal of the license.  The
notice shall be made personally or by mail to the applicant's last
known mailing address on file with the board.  Service by mail shall
be complete in accordance with Section 1013 of the Code of Civil
Procedure.
   (A) The board shall issue a temporary license valid for a period
of 150 days to any applicant whose name is on the certified list if
the applicant is otherwise eligible for a license.
   (B) Except as provided in subparagraph (D), the 150-day time
period for a temporary license shall not be extended.  Except as
provided in subparagraph (D), only one temporary license shall be
issued during a regular license term and it shall coincide with the
first 150 days of that license term.  As this paragraph applies to
commercial driver's licenses, "license term" shall be deemed to be 12
months from the date the application fee is received by the
Department of Motor Vehicles.  A license for the full or remainder of
the license term shall be issued or renewed only upon compliance
with this section.
   (C) In the event that a license or application for a license or
the renewal of a license is denied pursuant to this section, any
funds paid by the applicant or licensee shall not be refunded by the
board.
   (D) This paragraph shall apply only in the case of a driver's
license, other than a commercial driver's license.  Upon the request
of the local child support agency or by order of the court upon a
showing of good cause, the board shall extend a 150-day temporary
license for a period not to exceed 150 extra days.
   (3) (A) The department may, when it is economically feasible for
the department and the boards to do so as determined by the
department, in cases where the department is aware that certain child
support obligors listed on the certified lists have been out of
compliance with a judgment or order for support for more than four
months, provide a supplemental list of these obligors to each board
with which the department has an interagency agreement to implement
this paragraph.  Upon request by the department, the licenses of
these obligors shall be subject to suspension, provided that the
licenses would not otherwise be eligible for renewal within six
months from the date of the request by the department.  The board
shall have the authority to suspend the license of any licensee on
this supplemental list.
   (B) If a licensee is on a supplemental list, the board shall
immediately serve notice as specified in subdivision (f) on the
licensee that his or her license will be automatically suspended 150
days after notice is served, unless compliance with this section is
achieved.  The notice shall be made personally or by mail to the
licensee's last known mailing address on file with the board.
Service by mail shall be complete in accordance with Section 1013 of
the Code of Civil Procedure.
   (C) The 150-day notice period shall not be extended.
   (D) In the event that any license is suspended pursuant to this
section, any funds paid by the licensee shall not be refunded by the
board.
   (E) This paragraph shall not apply to licenses subject to annual
renewal or annual fee.
   (f) Notices shall be developed by each board in accordance with
guidelines provided by the department and subject to approval by the
department.  The notice shall include the address and telephone
number of the local child support agency that submitted the name on
the certified list, and shall emphasize the necessity of obtaining a
release from that local child support agency as a condition for the
issuance, renewal, or continued valid status of a license or
licenses.
   (1) In the case of applicants not subject to paragraph (3) of
subdivision (e), the notice shall inform the applicant that the board
shall issue a temporary license, as provided in subparagraph (A) of
paragraph (2) of subdivision (e), for 150 calendar days if the
applicant is otherwise eligible and that upon expiration of that time
period the license will be denied unless the board has received a
release from the local child support agency that submitted the name
on the certified list.
   (2) In the case of licensees named on a supplemental list, the
notice shall inform the licensee that his or her license will
continue in its existing status for no more than 150 calendar days
from the date of mailing or service of the notice and thereafter will
be suspended indefinitely unless, during the 150-day notice period,
the board has received a release from the local child support agency
that submitted the name on the certified list.  Additionally, the
notice shall inform the licensee that any license suspended under
this section will remain so until the expiration of the remaining
license term, unless the board receives a release along with
applications and fees, if applicable, to reinstate the license during
the license term.
   (3) The notice shall also inform the applicant or licensee that if
an application is denied or a license is suspended pursuant to this
section, any funds paid by the applicant or licensee shall not be
refunded by the board. The Department of Child Support Services shall
also develop a form that the applicant shall use to request a review
by the local child support agency.  A copy of this form shall be
included with every notice sent pursuant to this subdivision.
   (g) (1) Each local child support agency shall maintain review
procedures consistent with this section to allow an applicant to have
the underlying arrearage and any relevant defenses investigated, to
provide an applicant information on the process of obtaining a
modification of a support order, or to provide an applicant
assistance in the establishment of a payment schedule on arrearages
if the circumstances so warrant.
   (2) It is the intent of the Legislature that a court or local
child support agency, when determining an appropriate payment
schedule for arrearages, base its decision on the facts of the
particular case and the priority of payment of child support over
other debts.  The payment schedule shall also recognize that certain
expenses may be essential to enable an obligor to be employed.
Therefore, in reaching its decision, the court or the local child
support agency shall consider both of these goals in setting a
payment schedule for arrearages.
   (h) If the applicant wishes to challenge the submission of his or
her name on the certified list, the applicant shall make a timely
written request for review on the form specified in subdivision (f)
to the local child support agency who certified the applicant's name.
  The local child support agency shall, within 75 days of receipt of
the written request, inform the applicant in writing of his or her
findings upon completion of the review.  The local child support
agency shall immediately send a release to the appropriate board and
the applicant, if any of the following conditions are met:
   (1) The applicant is found to be in compliance or negotiates an
agreement with the local child support agency for a payment schedule
on arrearages or reimbursement.
   (2) The applicant has submitted a request for review, but the
local child support agency will be unable to complete the review and
send notice of its findings to the applicant within 75 days.  This
paragraph applies only if the delay in completing the review process
is not the result of the applicant's failure to act in a reasonable,
timely, and diligent manner upon receiving notice from the board that
his or her name is on the list.
   (3) The applicant has filed and served a request for judicial
review pursuant to this section, but a resolution of that review will
not be made within 150 days of the date of service of notice
pursuant to subdivision (f).  This paragraph applies only if the
delay in completing the judicial review process is not the result of
the applicant's failure to act in a reasonable, timely, and diligent
manner upon receiving the local child support agency's notice of
findings.
   (4) The applicant has obtained a judicial finding of compliance as
defined in this section.
   (i) An applicant is required to act with diligence in responding
to notices from the board and the local child support agency with the
recognition that the temporary license will lapse or the license
suspension will go into effect after 150 days and that the local
child support agency and, where appropriate, the court must have time
to act within that period.  An applicant's delay in acting, without
good cause, which directly results in the inability of the local
child support agency to complete a review of the applicant's request
or the court to hear the request for judicial review within the
150-day period shall not constitute the diligence required under this
section which would justify the issuance of a release.
   (j) Except as otherwise provided in this section, the local child
support agency shall not issue a release if the applicant is not in
compliance with the judgment or order for support.  The local child
support agency shall notify the applicant in writing that the
applicant may, by filing an order to show cause or notice of motion,
request any or all of the following:
   (1) Judicial review of the local child support agency's decision
not to issue a release.
   (2) A judicial determination of compliance.
   (3) A modification of the support judgment or order.
   The notice shall also contain the name and address of the court in
which the applicant shall file the order to show cause or notice of
motion and inform the applicant that his or her name shall remain on
the certified list if the applicant does not timely request judicial
review.  The applicant shall comply with all statutes and rules of
court regarding orders to show cause and notices of motion.
   Nothing in this section shall be deemed to limit an applicant from
filing an order to show cause or notice of motion to modify a
support judgment or order or to fix a payment schedule on arrearages
accruing under a support judgment or order or to obtain a court
finding of compliance with a judgment or order for support.
   (k) The request for judicial review of the local child support
agency's decision shall state the grounds for which review is
requested and judicial review shall be limited to those stated
grounds.  The court shall hold an evidentiary hearing within 20
calendar days of the filing of the request for review.  Judicial
review of the local child support agency's decision shall be limited
to a determination of each of the following issues:
   (1) Whether there is a support judgment, order, or payment
schedule on arrearages or reimbursement.
   (2) Whether the petitioner is the obligor covered by the support
judgment or order.
   (3) Whether the support obligor is or is not in compliance with
the judgment or order of support.
   (4) (A) The extent to which the needs of the obligor, taking into
account the obligor's payment history and the current circumstances
of both the obligor and the obligee, warrant a conditional release as
described in this subdivision.
   (B) The request for judicial review shall be served by the
applicant upon the local child support agency that submitted the
applicant's name on the certified list within seven calendar days of
the filing of the petition.  The court has the authority to uphold
the action, unconditionally release the license, or conditionally
release the license.
   (C) If the judicial review results in a finding by the court that
the obligor is in compliance with the judgment or order for support,
the local child support agency shall immediately send a release in
accordance with subdivision (h) to the appropriate board and the
applicant.  If the judicial review results in a finding by the court
that the needs of the obligor warrant a conditional release, the
court shall make findings of fact stating the basis for the release
and the payment necessary to satisfy the unrestricted issuance or
renewal of the license without prejudice to a later judicial
determination of the amount of support arrearages, including
interest, and shall specify payment terms, compliance with which are
necessary to allow the release to remain in effect.
   (l) The department shall prescribe release forms for use by local
child support agencies.  When the obligor is in compliance, the local
child support agency shall mail to the applicant and the appropriate
board a release stating that the applicant is in compliance.  The
receipt of a release shall serve to notify the applicant and the
board that, for the purposes of this section, the applicant is in
compliance with the judgment or order for support.  Any board that
has received a release from the local child support agency pursuant
to this subdivision shall process the release within five business
days of its receipt.
   If the local child support agency determines subsequent to the
issuance of a release that the applicant is once again not in
compliance with a judgment or order for support, or with the terms of
repayment as described in this subdivision, the local child support
agency may notify the board, the obligor, and the department in a
format prescribed by the department that the obligor is not in
compliance.
   The department may, when it is economically feasible for the
department and the boards to develop an automated process for
complying with this subdivision, notify the boards in a manner
prescribed by the department, that the obligor is once again not in
compliance.  Upon receipt of this notice, the board shall immediately
notify the obligor on a form prescribed by the department that the
obligor's license will be suspended on a specific date, and this date
shall be no longer than 30 days from the date the form is mailed.
The obligor shall be further notified that the license will remain
suspended until a new release is issued in accordance with
subdivision (h).  Nothing in this section shall be deemed to limit
the obligor from seeking judicial review of suspension pursuant to
the procedures described in subdivision (k).
   (m) The department may enter into interagency agreements with the
state agencies that have responsibility for the administration of
boards necessary to implement this section, to the extent that it is
cost-effective to implement this section.  These agreements shall
provide for the receipt by the other state agencies and boards of
federal funds to cover that portion of costs allowable in federal law
and regulation and incurred by the state agencies and boards in
implementing this section.  Notwithstanding any other provision of
law, revenue generated by a board or state agency shall be used to
fund the nonfederal share of costs incurred pursuant to this section.
  These agreements shall provide that boards shall reimburse the
department for the nonfederal share of costs incurred by the
department in implementing this section.  The boards shall reimburse
the department for the nonfederal share of costs incurred pursuant to
this section from moneys collected from applicants and licensees.
   (n) Notwithstanding any other provision of law, in order for the
boards subject to this section to be reimbursed for the costs
incurred in administering its provisions, the boards may, with the
approval of the appropriate department director, levy on all
licensees and applicants a surcharge on any fee or fees collected
pursuant to law, or, alternatively, with the approval of the
appropriate department director, levy on the applicants or licensees
named on a certified list or supplemental list, a special fee.
   (o) The process described in subdivision (h) shall constitute the
sole administrative remedy for contesting the issuance of a temporary
license or the denial or suspension of a license under this section.
  The procedures specified in the administrative adjudication
provisions of the Administrative Procedure Act (Chapter 4.5
(commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code) shall not apply to the denial, suspension, or failure to issue
or renew a license or the issuance of a temporary license pursuant to
this section.
   (p) In furtherance of the public policy of increasing child
support enforcement and collections, on or before November 1, 1995,
the State Department of Social Services shall make a report to the
Legislature and the Governor based on data collected by the boards
and the district attorneys in a format prescribed by the State
Department of Social Services.  The report shall contain all of the
following:
   (1) The number of delinquent obligors certified by district
attorneys under this section.
   (2) The number of support obligors who also were applicants or
licensees subject to this section.
   (3) The number of new licenses and renewals that were delayed,
temporary licenses issued, and licenses suspended subject to this
section and the number of new licenses and renewals granted and
licenses reinstated following board receipt of releases as provided
by subdivision (h) by May 1, 1995.
   (4) The costs incurred in the implementation and enforcement of
this section.
   (q) Any board receiving an inquiry as to the licensed status of an
applicant or licensee who has had a license denied or suspended
under this section or has been granted a temporary license under this
section shall respond only that the license was denied or suspended
or the temporary license was issued pursuant to this section.
Information collected pursuant to this section by any state agency,
board, or department shall be subject to the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code).
   (r) Any rules and regulations issued pursuant to this section by
any state agency, board, or department may be adopted as emergency
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare.  The regulations shall become
effective immediately upon filing with the Secretary of State.
   (s) The department and boards, as appropriate, shall adopt
regulations necessary to implement this section.
   (t) The Judicial Council shall develop the forms necessary to
implement this section, except as provided in subdivisions (f) and
(l).
   (u) The release or other use of information received by a board
pursuant to this section, except as authorized by this section, is
punishable as a misdemeanor.
   (v) The State Board of Equalization shall enter into interagency
agreements with the department and the Franchise Tax Board that will
require the department and the Franchise Tax Board to maximize the
use of information collected by the State Board of Equalization, for
child support enforcement purposes, to the extent it is
cost-effective and permitted by the Revenue and Taxation Code.
                            (w) The suspension or revocation of any
driver's license, including a commercial driver's license, under this
section shall not subject the licensee to vehicle impoundment
pursuant to Section 14602.6 of the Vehicle Code.
   (x) If any provision of this section or the application thereof to
any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
   (y) All rights to administrative and judicial review afforded by
this section to an applicant shall also be afforded to a licensee.
  SEC. 3.5.  Section 17520 is added to the Family Code, to read:
   17520.  (a) As used in this section:
   (1) "Applicant" means any person applying for issuance or renewal
of a license.
   (2) "Board" means any entity specified in Section 101 of the
Business and Professions Code, the entities referred to in Sections
1000 and 3600 of the Business and Professions Code, the State Bar,
the Department of Real Estate, the Department of Motor Vehicles, the
Secretary of State, the Department of Fish and Game, and any other
state commission, department, committee, examiner, or agency that
issues a license, certificate, credential, permit, registration, or
any other authorization to engage in a business, occupation, or
profession, or to the extent required by federal law or regulations,
for recreational purposes.  This term includes all boards,
commissions, departments, committees, examiners, entities, and
agencies that issue a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession.  The failure to specifically name a
particular board, commission, department, committee, examiner,
entity, or agency that issues a license, certificate, credential,
permit, registration, or any other authorization to engage in a
business, occupation, or profession does not exclude that board,
commission, department, committee, examiner, entity, or agency from
this term.
   (3) "Certified list" means a list provided by the local child
support agency to the Department of Child Support Services in which
the local child support agency verifies, under penalty of perjury,
that the names contained therein are support obligors found to be out
of compliance with a judgment or order for support in a case being
enforced under Title IV-D of the Social Security Act.
   (4) "Compliance with a judgment or order for support" means that,
as set forth in a judgment or order for child or family support, the
obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments in
full, whether court ordered or by agreement with the local child
support agency, on a support arrearage, or in making periodic
payments in full, whether court ordered or by agreement with the
local child support agency, on a judgment for reimbursement for
public assistance, or has obtained a judicial finding that equitable
estoppel as provided in statute or case law precludes enforcement of
the order.  The local child support agency is authorized to use this
section to enforce orders for spousal support only when the local
child support agency is also enforcing a related child support
obligation owed to the obligee parent by the same obligor, pursuant
to Sections 17400 and 17604.
   (5) "License" includes membership in the State Bar, and a
certificate, credential, permit, registration, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession, or to operate a commercial motor
vehicle, including appointment and commission by the Secretary of
State as a notary public.  "License" also includes any driver's
license issued by the Department of Motor Vehicles, any commercial
fishing license issued by the Department of Fish and Game, and to the
extent required by federal law or regulations, any license used for
recreational purposes.  This term includes all licenses,
certificates, credentials, permits, registrations, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession.  The failure to specifically
name a particular type of license, certificate, credential, permit,
registration, or other authorization issued by a board that allows a
person to engage in a business, occupation, or profession, does not
exclude that license, certificate, credential, permit, registration,
or other authorization from this term.
   (6) "Licensee" means any person holding a license, certificate,
credential, permit, registration, or other authorization issued by a
board, to engage in a business, occupation, or profession, or a
commercial driver's license as defined in Section 15210 of the
Vehicle Code, including an appointment and commission by the
Secretary of State as a notary public.  "Licensee" also means any
person holding a driver's license issued by the Department of Motor
Vehicles, any person holding a commercial fishing license issued by
the Department of Fish and Game, and to the extent required by
federal law or regulations, any person holding a license used for
recreational purposes.  This term includes all persons holding a
license, certificate, credential, permit, registration, or any other
authorization to engage in a business, occupation, or profession, and
the failure to specifically name a particular type of license,
certificate, credential, permit, registration, or other authorization
issued by a board does not exclude that person from this term.  For
licenses issued to an entity that is not an individual person,
"licensee" includes any individual who is either listed on the
license or who qualifies for the license.
   (b) The local child support agency shall maintain a list of those
persons included in a case being enforced under Title IV-D of the
Social Security Act against whom a support order or judgment has been
rendered by, or registered in, a court of this state, and who are
not in compliance with that order or judgment.  The local child
support agency shall submit a certified list with the names, social
security numbers, and last known addresses of these persons and the
name, address, and telephone number of the local child support agency
who certified the list to the department.  The local child support
agency shall verify, under penalty of perjury, that the persons
listed are subject to an order or judgment for the payment of support
and that these persons are not in compliance with the order or
judgment.  The local child support agency shall submit to the
department an updated certified list on a monthly basis.
   (c) The department shall consolidate the certified lists received
from the local child support agencies and, within 30 calendar days of
receipt, shall provide a copy of the consolidated list to each board
that is responsible for the regulation of licenses, as specified in
this section.
   (d) On or before November 1, 1992, or as soon thereafter as
economically feasible, as determined by the department, all boards
subject to this section shall implement procedures to accept and
process the list provided by the department, in accordance with this
section.  Notwithstanding any other law, all boards shall collect
social security numbers from all applicants for the purposes of
matching the names of the certified list provided by the department
to applicants and licensees and of responding to requests for this
information made by child support agencies.
   (e) (1) Promptly after receiving the certified consolidated list
from the department, and prior to the issuance or renewal of a
license, each board shall determine whether the applicant is on the
most recent certified consolidated list provided by the department.
The board shall have the authority to withhold issuance or renewal of
the license of any applicant on the list.
   (2) If an applicant is on the list, the board shall immediately
serve notice as specified in subdivision (f) on the applicant of the
board's intent to withhold issuance or renewal of the license.  The
notice shall be made personally or by mail to the applicant's last
known mailing address on file with the board.  Service by mail shall
be complete in accordance with Section 1013 of the Code of Civil
Procedure.
   (A) The board shall issue a temporary license valid for a period
of 150 days to any applicant whose name is on the certified list if
the applicant is otherwise eligible for a license.
   (B) Except as provided in subparagraph (D), the 150-day time
period for a temporary license shall not be extended.  Except as
provided in subparagraph (D), only one temporary license shall be
issued during a regular license term and it shall coincide with the
first 150 days of that license term.  As this paragraph applies to
commercial driver's licenses, "license term" shall be deemed to be 12
months from the date the application fee is received by the
Department of Motor Vehicles.  A license for the full or remainder of
the license term shall be issued or renewed only upon compliance
with this section.
   (C) In the event that a license or application for a license or
the renewal of a license is denied pursuant to this section, any
funds paid by the applicant or licensee shall not be refunded by the
board.
   (D) This paragraph shall apply only in the case of a driver's
license, other than a commercial driver's license.  Upon the request
of the local child support agency or by order of the court upon a
showing of good cause, the board shall extend a 150-day temporary
license for a period not to exceed 150 extra days.
   (3) (A) The department may, when it is economically feasible for
the department and the boards to do so as determined by the
department, in cases where the department is aware that certain child
support obligors listed on the certified lists have been out of
compliance with a judgment or order for support for more than four
months, provide a supplemental list of these obligors to each board
with which the department has an interagency agreement to implement
this paragraph.  Upon request by the department, the licenses of
these obligors shall be subject to suspension, provided that the
licenses would not otherwise be eligible for renewal within six
months from the date of the request by the department.  The board
shall have the authority to suspend the license of any licensee on
this supplemental list.
   (B) If a licensee is on a supplemental list, the board shall
immediately serve notice as specified in subdivision (f) on the
licensee that his or her license will be automatically suspended 150
days after notice is served, unless compliance with this section is
achieved.  The notice shall be made personally or by mail to the
licensee's last known mailing address on file with the board.
Service by mail shall be complete in accordance with Section 1013 of
the Code of Civil Procedure.
   (C) The 150-day notice period shall not be extended.
   (D) In the event that any license is suspended pursuant to this
section, any funds paid by the licensee shall not be refunded by the
board.
   (E) This paragraph shall not apply to licenses subject to annual
renewal or annual fee.
   (f) Notices shall be developed by each board in accordance with
guidelines provided by the department and subject to approval by the
department.  The notice shall include the address and telephone
number of the local child support agency that submitted the name on
the certified list, and shall emphasize the necessity of obtaining a
release from that local child support agency as a condition for the
issuance, renewal, or continued valid status of a license or
licenses.
   (1) In the case of applicants not subject to paragraph (3) of
subdivision (e), the notice shall inform the applicant that the board
shall issue a temporary license, as provided in subparagraph (A) of
paragraph (2) of subdivision (e), for 150 calendar days if the
applicant is otherwise eligible and that upon expiration of that time
period the license will be denied unless the board has received a
release from the local child support agency that submitted the name
on the certified list.
   (2) In the case of licensees named on a supplemental list, the
notice shall inform the licensee that his or her license will
continue in its existing status for no more than 150 calendar days
from the date of mailing or service of the notice and thereafter will
be suspended indefinitely unless, during the 150-day notice period,
the board has received a release from the local child support agency
that submitted the name on the certified list.  Additionally, the
notice shall inform the licensee that any license suspended under
this section will remain so until the expiration of the remaining
license term, unless the board receives a release along with
applications and fees, if applicable, to reinstate the license during
the license term.
   (3) The notice shall also inform the applicant or licensee that if
an application is denied or a license is suspended pursuant to this
section, any funds paid by the applicant or licensee shall not be
refunded by the board.  The Department of Child Support Services
shall also develop a form that the applicant shall use to request a
review by the local child support agency.  A copy of this form shall
be included with every notice sent pursuant to this subdivision.
   (g) (1) Each local child support agency shall maintain review
procedures consistent with this section to allow an applicant to have
the underlying arrearage and any relevant defenses investigated, to
provide an applicant information on the process of obtaining a
modification of a support order, or to provide an applicant
assistance in the establishment of a payment schedule on arrearages
if the circumstances so warrant.
   (2) It is the intent of the Legislature that a court or local
child support agency, when determining an appropriate payment
schedule for arrearages, base its decision on the facts of the
particular case and the priority of payment of child support over
other debts.  The payment schedule shall also recognize that certain
expenses may be essential to enable an obligor to be employed.
Therefore, in reaching its decision, the court or the local child
support agency shall consider both of these goals in setting a
payment schedule for arrearages.
   (h) If the applicant wishes to challenge the submission of his or
her name on the certified list, the applicant shall make a timely
written request for review on the form specified in subdivision (f)
to the local child support agency who certified the applicant's name.
  The local child support agency shall, within 75 days of receipt of
the written request, inform the applicant in writing of his or her
findings upon completion of the review.  The local child support
agency shall immediately send a release to the appropriate board and
the applicant, if any of the following conditions are met:
   (1) The applicant is found to be in compliance or negotiates an
agreement with the local child support agency for a payment schedule
on arrearages or reimbursement.
   (2) The applicant has submitted a request for review, but the
local child support agency will be unable to complete the review and
send notice of its findings to the applicant within 75 days.  This
paragraph applies only if the delay in completing the review process
is not the result of the applicant's failure to act in a reasonable,
timely, and diligent manner upon receiving notice from the board that
his or her name is on the list.
   (3) The applicant has filed and served a request for judicial
review pursuant to this section, but a resolution of that review will
not be made within 150 days of the date of service of notice
pursuant to subdivision (f).  This paragraph applies only if the
delay in completing the judicial review process is not the result of
the applicant's failure to act in a reasonable, timely, and diligent
manner upon receiving the local child support agency's notice of
findings.
   (4) The applicant has obtained a judicial finding of compliance as
defined in this section.
   (i) An applicant is required to act with diligence in responding
to notices from the board and the local child support agency with the
recognition that the temporary license will lapse or the license
suspension will go into effect after 150 days and that the local
child support agency and, where appropriate, the court must have time
to act within that period.  An applicant's delay in acting, without
good cause, which directly results in the inability of the local
child support agency to complete a review of the applicant's request
or the court to hear the request for judicial review within the
150-day period shall not constitute the diligence required under this
section which would justify the issuance of a release.
   (j) Except as otherwise provided in this section, the local child
support agency shall not issue a release if the applicant is not in
compliance with the judgment or order for support.  The local child
support agency shall notify the applicant in writing that the
applicant may, by filing an order to show cause or notice of motion,
request any or all of the following:
   (1) Judicial review of the local child support agency's decision
not to issue a release.
   (2) A judicial determination of compliance.
   (3) A modification of the support judgment or order.
   The notice shall also contain the name and address of the court in
which the applicant shall file the order to show cause or notice of
motion and inform the applicant that his or her name shall remain on
the certified list if the applicant does not timely request judicial
review.  The applicant shall comply with all statutes and rules of
court regarding orders to show cause and notices of motion.
   Nothing in this section shall be deemed to limit an applicant from
filing an order to show cause or notice of motion to modify a
support judgment or order or to fix a payment schedule on arrearages
accruing under a support judgment or order or to obtain a court
finding of compliance with a judgment or order for support.
   (k) The request for judicial review of the local child support
agency's decision shall state the grounds for which review is
requested and judicial review shall be limited to those stated
grounds.  The court shall hold an evidentiary hearing within 20
calendar days of the filing of the request for review.  Judicial
review of the local child support agency's decision shall be limited
to a determination of each of the following issues:
   (1) Whether there is a support judgment, order, or payment
schedule on arrearages or reimbursement.
   (2) Whether the petitioner is the obligor covered by the support
judgment or order.
   (3) Whether the support obligor is or is not in compliance with
the judgment or order of support.
   (4) (A) The extent to which the needs of the obligor, taking into
account the obligor's payment history and the current circumstances
of both the obligor and the obligee, warrant a conditional release as
described in this subdivision.
   (B) The request for judicial review shall be served by the
applicant upon the local child support agency that submitted the
applicant's name on the certified list within seven calendar days of
the filing of the petition.  The court has the authority to uphold
the action, unconditionally release the license, or conditionally
release the license.
   (C) If the judicial review results in a finding by the court that
the obligor is in compliance with the judgment or order for support,
the local child support agency shall immediately send a release in
accordance with subdivision (h) to the appropriate board and the
applicant.  If the judicial review results in a finding by the court
that the needs of the obligor warrant a conditional release, the
court shall make findings of fact stating the basis for the release
and the payment necessary to satisfy the unrestricted issuance or
renewal of the license without prejudice to a later judicial
determination of the amount of support arrearages, including
interest, and shall specify payment terms, compliance with which are
necessary to allow the release to remain in effect.
   (l) The department shall prescribe release forms for use by local
child support agencies.  When the obligor is in compliance, the local
child support agency shall mail to the applicant and the appropriate
board a release stating that the applicant is in compliance.  The
receipt of a release shall serve to notify the applicant and the
board that, for the purposes of this section, the applicant is in
compliance with the judgment or order for support.  Any board that
has received a release from the local child support agency pursuant
to this subdivision shall process the release within five business
days of its receipt.
   If the local child support agency determines subsequent to the
issuance of a release that the applicant is once again not in
compliance with a judgment or order for support, or with the terms of
repayment as described in this subdivision, the local child support
agency may notify the board, the obligor, and the department in a
format prescribed by the department that the obligor is not in
compliance.
   The department may, when it is economically feasible for the
department and the boards to develop an automated process for
complying with this subdivision, notify the boards in a manner
prescribed by the department, that the obligor is once again not in
compliance.  Upon receipt of this notice, the board shall immediately
notify the obligor on a form prescribed by the department that the
obligor's license will be suspended on a specific date, and this date
shall be no longer than 30 days from the date the form is mailed.
The obligor shall be further notified that the license will remain
suspended until a new release is issued in accordance with
subdivision (h).  Nothing in this section shall be deemed to limit
the obligor from seeking judicial review of suspension pursuant to
the procedures described in subdivision (k).
   (m) The department may enter into interagency agreements with the
state agencies that have responsibility for the administration of
boards necessary to implement this section, to the extent that it is
cost-effective to implement this section.  These agreements shall
provide for the receipt by the other state agencies and boards of
federal funds to cover that portion of costs allowable in federal law
and regulation and incurred by the state agencies and boards in
implementing this section.  Notwithstanding any other provision of
law, revenue generated by a board or state agency shall be used to
fund the nonfederal share of costs incurred pursuant to this section.
  These agreements shall provide that boards shall reimburse the
department for the nonfederal share of costs incurred by the
department in implementing this section.  The boards shall reimburse
the department for the nonfederal share of costs incurred pursuant to
this section from moneys collected from applicants and licensees.
   (n) Notwithstanding any other provision of law, in order for the
boards subject to this section to be reimbursed for the costs
incurred in administering its provisions, the boards may, with the
approval of the appropriate department director, levy on all
licensees and applicants a surcharge on any fee or fees collected
pursuant to law, or, alternatively, with the approval of the
appropriate department director, levy on the applicants or licensees
named on a certified list or supplemental list, a special fee.
   (o) The process described in subdivision (h) shall constitute the
sole administrative remedy for contesting the issuance of a temporary
license or the denial or suspension of a license under this section.
  The procedures specified in the administrative adjudication
provisions of the Administrative Procedure Act (Chapter 4.5
(commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code) shall not apply to the denial, suspension, or failure to issue
or renew a license or the issuance of a temporary license pursuant to
this section.
   (p) In furtherance of the public policy of increasing child
support enforcement and collections, on or before November 1, 1995,
the State Department of Social Services shall make a report to the
Legislature and the Governor based on data collected by the boards
and the district attorneys in a format prescribed by the State
Department of Social Services.  The report shall contain all of the
following:
   (1) The number of delinquent obligors certified by district
attorneys under this section.
   (2) The number of support obligors who also were applicants or
licensees subject to this section.
   (3) The number of new licenses and renewals that were delayed,
temporary licenses issued, and licenses suspended subject to this
section and the number of new licenses and renewals granted and
licenses reinstated following board receipt of releases as provided
by subdivision (h) by May 1, 1995.
   (4) The costs incurred in the implementation and enforcement of
this section.
   (q) Any board receiving an inquiry as to the licensed status of an
applicant or licensee who has had a license denied or suspended
under this section or has been granted a temporary license under this
section shall respond only that the license was denied or suspended
or the temporary license was issued pursuant to this section.
Information collected pursuant to this section by any state agency,
board, or department shall be subject to the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code).
   (r) Any rules and regulations issued pursuant to this section by
any state agency, board, or department may be adopted as emergency
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare.  The regulations shall become
effective immediately upon filing with the Secretary of State.
   (s) The department and boards, as appropriate, shall adopt
regulations necessary to implement this section.
   (t) The Judicial Council shall develop the forms necessary to
implement this section, except as provided in subdivisions (f) and
(l).
                                                    (u) The release
or other use of information received by a board pursuant to this
section, except as authorized by this section, is punishable as a
misdemeanor.
   (v) The State Board of Equalization shall enter into interagency
agreements with the department and the Franchise Tax Board that will
require the department and the Franchise Tax Board to maximize the
use of information collected by the State Board of Equalization, for
child support enforcement purposes, to the extent it is
cost-effective and permitted by the Revenue and Taxation Code.
   (w) (1) The suspension or revocation of any driver's license,
including a commercial driver's license, under this section shall not
subject the licensee to vehicle impoundment pursuant to Section
14602.6 of the Vehicle Code.
   (2) Notwithstanding any other provision of law, the suspension or
revocation of any driver's license, including a commercial driver's
license, under this section shall not subject the licensee to
increased costs for vehicle liability insurance.
   (x) If any provision of this section or the application thereof to
any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
   (y) All rights to administrative and judicial review afforded by
this section to an applicant shall also be afforded to a licensee.
  SEC. 4.  Section 17525 is added to the Family Code, to read:
   17525.  (a) Whenever a state or local governmental agency issues a
notice of support delinquency, the notice shall state the date upon
which the amount of the delinquency was calculated, and shall notify
the obligor that the amount calculated may, or may not, include
accrued interest.  This requirement shall not be imposed until the
local child support agency has instituted the California Child
Support Automation system defined in Section 10081.  The notice shall
further notify the obligor of his or her right to an administrative
determination of arrears by requesting that the local child support
agency review the arrears, but that payments on arrears continue to
be due and payable unless and until the local child support agency
notifies the obligor otherwise.  A state agency shall not be required
to suspend enforcement of any arrearages as a result of the obligor'
s request for an administrative determination of arrears, unless the
agency receives notification of a suspension pursuant to subdivision
(b) of Section 11350.8.
   (b) For purposes of this section, "notice of support delinquency"
means a notice issued to a support obligor that includes a specific
statement of the amount of delinquent support due and payable.
   (c) This section shall not require a state or local entity to
calculate the amount of a support delinquency, except as otherwise
required by law.
  SEC. 5.  Section 11350.6 of the Welfare and Institutions Code is
amended to read:
   11350.6.  (a) As used in this section:
   (1) "Applicant" means any person applying for issuance or renewal
of a license.
   (2) "Board" means any entity specified in Section 101 of the
Business and Professions Code, the entities referred to in Sections
1000 and 3600 of the Business and Professions Code, the State Bar,
the Department of Real Estate, the Department of Motor Vehicles, the
Secretary of State, the Department of Fish and Game, and any other
state commission, department, committee, examiner, or agency that
issues a license, certificate, credential, permit, registration, or
any other authorization to engage in a business, occupation, or
profession, or to the extent required by federal law or regulations,
for recreational purposes.  This term includes all boards,
commissions, departments, committees, examiners, entities, and
agencies that issue a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession.  The failure to specifically name a
particular board, commission, department, committee, examiner,
entity, or agency that issues a license, certificate, credential,
permit, registration, or any other authorization to engage in a
business, occupation, or profession does not exclude that board,
commission, department, committee, examiner, entity, or agency from
this term.
   (3) "Certified list" means a list provided by the district
attorney to the State Department of Social Services in which the
district attorney verifies, under penalty of perjury, that the names
contained therein are support obligors found to be out of compliance
with a judgment or order for support in a case being enforced under
Title IV-D of the Social Security Act.
   (4) "Compliance with a judgment or order for support" means that,
as set forth in a judgment or order for child or family support, the
obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments in
full, whether court ordered or by agreement with the district
attorney, on a support arrearage, or in making periodic payments in
full, whether court ordered or by agreement with the district
attorney, on a judgment for reimbursement for public assistance, or
has obtained a judicial finding that equitable estoppel as provided
in statute or case law precludes enforcement of the order.  The
district attorney is authorized to use this section to enforce orders
for spousal support only when the district attorney is also
enforcing a related child support obligation owed to the obligee
parent by the same obligor, pursuant to Sections 11475.1 and 11475.2.

   (5) "License" includes membership in the State Bar, and a
certificate, credential, permit, registration, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession, or to operate a commercial motor
vehicle, including appointment and commission by the Secretary of
State as a notary public.  "License" also includes any driver's
license issued by the Department of Motor Vehicles, any commercial
fishing license issued by the Department of Fish and Game, and to the
extent required by federal law or regulations, any license used for
recreational purposes.  This term includes all licenses,
certificates, credentials, permits, registrations, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession.  The failure to specifically
name a particular type of license, certificate, credential, permit,
registration, or other authorization issued by a board that allows a
person to engage in a business, occupation, or profession, does not
exclude that license, certificate, credential, permit, registration,
or other authorization from this term.
   (6) "Licensee" means any person holding a license, certificate,
credential, permit, registration, or other authorization issued by a
board, to engage in a business, occupation, or profession, or a
commercial driver's license as defined in Section 15210 of the
Vehicle Code, including an appointment and commission by the
Secretary of State as a notary public.  "Licensee" also means any
person holding a driver's license issued by the Department of Motor
Vehicles, any person holding a commercial fishing license issued by
the Department of Fish and Game, and to the extent required by
federal law or regulations, any person holding a license used for
recreational purposes.  This term includes all persons holding a
license, certificate, credential, permit, registration, or any other
authorization to engage in a business, occupation, or profession, and
the failure to specifically name a particular type of license,
certificate, credential, permit, registration, or other authorization
issued by a board does not exclude that person from this term.
   (b) The district attorney shall maintain a list of those persons
included in a case being enforced under Title IV-D of the Social
Security Act against whom a support order or judgment has been
rendered by, or registered in, a court of this state, and who are not
in compliance with that order or judgment.  The district attorney
shall submit a certified list with the names, social security
numbers, and last known addresses of these persons and the name,
address, and telephone number of the district attorney who certified
the list to the State Department of Social Services.  The district
attorney shall verify, under penalty of perjury, that the persons
listed are subject to an order or judgment for the payment of support
and that these persons are not in compliance with the order or
judgment.  The district attorney shall submit to the State Department
of Social Services an updated certified list on a monthly basis.
   (c) The State Department of Social Services shall consolidate the
certified lists received from the district attorneys and, within 30
calendar days of receipt, shall provide a copy of the consolidated
list to each board which is responsible for the regulation of
licenses, as specified in this section.
   (d) On or before November 1, 1992, or as soon thereafter as
economically feasible, as determined by the State Department of
Social Services, all boards subject to this section shall implement
procedures to accept and process the list provided by the State
Department of Social Services, in accordance with this section.
Notwithstanding any other provision of law, all boards shall collect
social security numbers from all applicants for the purposes of
matching the names of the certified list provided by the State
Department of Social Services to applicants and licensees and of
responding to requests for this information made by child support
agencies.
   (e) (1) Promptly after receiving the certified consolidated list
from the State Department of Social Services, and prior to the
issuance or renewal of a license, each board shall determine whether
the applicant is on the most recent certified consolidated list
provided by the State Department of Social Services.  The board shall
have the authority to withhold issuance or renewal of the license of
any applicant on the list.
   (2) If an applicant is on the list, the board shall immediately
serve notice as specified in subdivision (f) on the applicant of the
board's intent to withhold issuance or renewal of the license.  The
notice shall be made personally or by mail to the applicant's last
known mailing address on file with the board.  Service by mail shall
be complete in accordance with Section 1013 of the Code of Civil
Procedure.
   (A) The board shall issue a temporary license valid for a period
of 150 days to any applicant whose name is on the certified list if
the applicant is otherwise eligible for a license.
   (B) Except as provided in subparagraph (D), the 150-day time
period for a temporary license shall not be extended.  Except as
provided in subparagraph (D), only one temporary license shall be
issued during a regular license term and it shall coincide with the
first 150 days of that license term.  As this paragraph applies to
commercial driver's licenses, "license term" shall be deemed to be 12
months from the date the application fee is received by the
Department of Motor Vehicles.  A license for the full or remainder of
the license term shall be issued or renewed only upon compliance
with this section.
   (C) In the event that a license or application for a license or
the renewal of a license is denied pursuant to this section, any
funds paid by the applicant or licensee shall not be refunded by the
board.
   (D) This paragraph shall apply only in the case of a driver's
license, other than a commercial driver's license.  Upon the request
of the district attorney or by order of the court upon a showing of
good cause, the board shall extend a 150-day temporary license for a
period not to exceed 150 extra days.
   (3) (A) The State Department of Social Services may, when it is
economically feasible for the department and the boards to do so as
determined by the department, in cases where the department is aware
that certain child support obligors listed on the certified lists
have been out of compliance with a judgment or order for support for
more than four months, provide a supplemental list of these obligors
to each board with which the department has an interagency agreement
to implement this paragraph.  Upon request by the department, the
licenses of these obligors shall be subject to suspension, provided
that the licenses would not otherwise be eligible for renewal within
six months from the date of the request by the department.  The board
shall have the authority to suspend the license of any licensee on
this supplemental list.
   (B) If a licensee is on a supplemental list, the board shall
immediately serve notice as specified in subdivision (f) on the
licensee that his or her license will be automatically suspended 150
days after notice is served, unless compliance with this section is
achieved.  The notice shall be made personally or by mail to the
licensee's last known mailing address on file with the board.
Service by mail shall be complete in accordance with Section 1013 of
the Code of Civil Procedure.
   (C) The 150-day notice period shall not be extended.
   (D) In the event that any license is suspended pursuant to this
section, any funds paid by the licensee shall not be refunded by the
board.
   (E) This paragraph shall not apply to licenses subject to annual
renewal or annual fee.
   (f) Notices shall be developed by each board in accordance with
guidelines provided by the State Department of Social Services and
subject to approval by the State Department of Social Services.  The
notice shall include the address and telephone number of the district
attorney who submitted the name on the certified list, and shall
emphasize the necessity of obtaining a release from that district
attorney's office as a condition for the issuance, renewal, or
continued valid status of a license or licenses.
   (1) In the case of applicants not subject to paragraph (3) of
subdivision (e), the notice shall inform the applicant that the board
shall issue a temporary license, as provided in subparagraph (A) of
paragraph (2) of subdivision (e), for 150 calendar days if the
applicant is otherwise eligible and that upon expiration of that time
period the license will be denied unless the board has received a
release from the district attorney who submitted the name on the
certified list.
   (2) In the case of licensees named on a supplemental list, the
notice shall inform the licensee that his or her license will
continue in its existing status for no more than 150 calendar days
from the date of mailing or service of the notice and thereafter will
be suspended indefinitely unless, during the 150-day notice period,
the board has received a release from the district attorney who
submitted the name on the certified list.  Additionally, the notice
shall inform the licensee that any license suspended under this
section will remain so until the expiration of the remaining license
term, unless the board receives a release along with applications and
fees, if applicable, to reinstate the license during the license
term.
   (3) The notice shall also inform the applicant or licensee that if
an application is denied or a license is suspended pursuant to this
section, any funds paid by the applicant or licensee shall not be
refunded by the board.  The State Department of Social Services shall
also develop a form that the applicant shall use to request a review
by the district attorney.  A copy of this form shall be included
with every notice sent pursuant to this subdivision.
   (g) (1) Each district attorney shall maintain review procedures
consistent with this section to allow an applicant to have the
underlying arrearage and any relevant defenses investigated, to
provide an applicant information on the process of obtaining a
modification of a support order, or to provide an applicant
assistance in the establishment of a payment schedule on arrearages
if the circumstances so warrant.
   (2) It is the intent of the Legislature that a court or district
attorney, when determining an appropriate payment schedule for
arrearages, base its decision on the facts of the particular case and
the priority of payment of child support over other debts.  The
payment schedule shall also recognize that certain expenses may be
essential to enable an obligor to be employed.  Therefore, in
reaching its decision, the court or the district attorney shall
consider both of these goals in setting a payment schedule for
arrearages.
   (h) If the applicant wishes to challenge the submission of his or
her name on the certified list, the applicant shall make a timely
written request for review on the form specified in subdivision (f)
to the district attorney who certified the applicant's name.  The
district attorney shall, within 75 days of receipt of the written
request, inform the applicant in writing of his or her findings upon
completion of the review.  The district attorney shall immediately
send a release to the appropriate board and the applicant, if any of
the following conditions are met:
   (1) The applicant is found to be in compliance or negotiates an
agreement with the district attorney for a payment schedule on
arrearages or reimbursement.
   (2) The applicant has submitted a request for review, but the
district attorney will be unable to complete the review and send
notice of his or her findings to the applicant within 75 days.  This
paragraph applies only if the delay in completing the review process
is not the result of the applicant's failure to act in a reasonable,
timely, and diligent manner upon receiving notice from the board that
his or her name is on the list.
   (3) The applicant has filed and served a request for judicial
review pursuant to this section, but a resolution of that review will
not be made within 150 days of the date of service of notice
pursuant to subdivision (f).  This paragraph applies only if the
delay in completing the judicial review process is not the result of
the applicant's failure to act in a reasonable, timely, and diligent
manner upon receiving the district attorney's notice of his or her
findings.
   (4) The applicant has obtained a judicial finding of compliance as
defined in this section.
   (i) An applicant is required to act with diligence in responding
to notices from the board and the district attorney with the
recognition that the temporary license will lapse or the license
suspension will go into effect after 150 days and that the district
attorney and, where appropriate, the court must have time to act
within that period.  An applicant's delay in acting, without good
cause, which directly results in the inability of the district
attorney to complete a review of the applicant's request or the court
to hear the request for judicial review within the 150-day period
shall not constitute the diligence required under this section which
would justify the issuance of a release.
   (j) Except as otherwise provided in this section, the district
attorney shall not issue a release if the applicant is not in
compliance with the judgment or order for support.  The district
attorney shall notify the applicant in writing that the applicant
may, by filing an order to show cause or notice of motion, request
any or all of the following:
   (1) Judicial review of the district attorney's decision not to
issue a release.
   (2) A judicial determination of compliance.
   (3) A modification of the support judgment or order.
   The notice shall also contain the name and address of the court in
which the applicant shall file the order to show cause or notice of
motion and inform the applicant that his or her name shall remain on
the certified list if the applicant does not timely request judicial
review.  The applicant shall comply with all statutes and rules of
court regarding orders to show cause and notices of motion.
   Nothing in this section shall be deemed to limit an applicant from
filing an order to show cause or notice of motion to modify a
support judgment or order or to fix a payment schedule on arrearages
accruing under a support judgment or order or to obtain a court
finding of compliance with a judgment or order for support.
   (k) The request for judicial review of the district attorney's
decision shall state the grounds for which review is requested and
judicial review shall be limited to those stated grounds.  The court
shall hold an evidentiary hearing within 20 calendar days of the
filing of the request for review.  Judicial review of the district
attorney's decision shall be limited to a determination of each of
the following issues:
   (1) Whether there is a support judgment, order, or payment
schedule on arrearages or reimbursement.
   (2) Whether the petitioner is the obligor covered by the support
judgment or order.
   (3) Whether the support obligor is or is not in compliance with
the judgment or order of support.
   (4) The extent to which the needs of the obligor, taking into
account the obligor's payment history and the current circumstances
of both the obligor and the obligee, warrant a conditional release as
described in this subdivision.
   The request for judicial review shall be served by the applicant
upon the district attorney who submitted the applicant's name on the
certified list within seven calendar days of the filing of the
petition.  The court has the authority to uphold the action,
unconditionally release the license, or conditionally release the
license.
   If the judicial review results in a finding by the court that the
obligor is in compliance with the judgment or order for support, the
district attorney shall immediately send a release in accordance with
subdivision (h) to the appropriate board and the applicant.  If the
judicial review results in a finding by the court that the needs of
the obligor warrant a conditional release, the court shall make
findings of fact stating the basis for the release and the payment
necessary to satisfy the unrestricted issuance or renewal of the
license without prejudice to a later judicial determination of the
amount of support arrearages, including interest, and shall specify
payment terms, compliance with which are necessary to allow the
release to remain in effect.
   (l) The State Department of Social Services shall prescribe
release forms for use by district attorneys.  When the obligor is in
compliance, the district attorney shall mail to the applicant and the
appropriate board a release stating that the applicant is in
compliance.  The receipt of a release shall serve to notify the
applicant and the board that, for the purposes of this section, the
applicant is in compliance with the judgment or order for support.
Any board that has received a release from the district attorney
pursuant to this subdivision shall process the release within five
business days of its receipt.
   If the district attorney determines subsequent to the issuance of
a release that the applicant is once again not in compliance with a
judgment or order for support, or with the terms of repayment as
described in this subdivision, the district attorney may notify the
board, the obligor, and the State Department of Social Services in a
format prescribed by the State Department of Social Services that the
obligor is not in compliance.
   The State Department of Social Services may, when it is
economically feasible for the department and the boards to develop an
automated process for complying with this subdivision, notify the
boards in a manner prescribed by the department, that the obligor is
once again not in compliance.  Upon receipt of this notice, the board
shall immediately notify the obligor on a form prescribed by the
department that the obligor's license will be suspended on a specific
date, and this date shall be no longer than 30 days from the date
the form is mailed.  The obligor shall be further notified that the
license will remain suspended until a new release is issued in
accordance with subdivision (h).  Nothing in this section shall be
deemed to limit the obligor from seeking judicial review of
suspension pursuant to the procedures described in subdivision (k).
   (m) The State Department of Social Services may enter into
interagency agreements with the state agencies that have
responsibility for the administration of boards necessary to
implement this section, to the extent that it is cost-effective to
implement this section.  These agreements shall provide for the
receipt by the other state agencies and boards of federal funds to
cover that portion of costs allowable in federal law and regulation
and incurred by the state agencies and boards in implementing this
section.  Notwithstanding any other provision of law, revenue
generated by a board or state agency shall be used to fund the
nonfederal share of costs incurred pursuant to this section.  These
agreements shall provide that boards shall reimburse the State
Department of Social Services for the nonfederal share of costs
incurred by the department in implementing this section.  The boards
shall reimburse the State Department of Social Services for the
nonfederal share of costs incurred pursuant to this section from
moneys collected from applicants and licensees.
   (n) Notwithstanding any other provision of law, in order for the
boards subject to this section to be reimbursed for the costs
incurred in administering its provisions, the boards may, with the
approval of the appropriate department director, levy on all
licensees and applicants a surcharge on any fee or fees collected
pursuant to law, or, alternatively, with the approval of the
appropriate department director, levy on the applicants or licensees
named on a certified list or supplemental list, a special fee.
   (o) The process described in subdivision (h) shall constitute the
sole administrative remedy for contesting the issuance of a temporary
license or the denial or suspension of a license under this section.
  The procedures specified in the administrative adjudication
provisions of the Administrative Procedure Act (Chapter 4.5
(commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code) shall not apply to the denial, suspension, or failure to issue
or renew a license or the issuance of a temporary license pursuant to
this section.
   (p) In furtherance of the public policy of increasing child
support enforcement and collections, on or before November 1, 1995,
the State Department of Social Services shall make a report to the
Legislature                                           and the
Governor based on data collected by the boards and the district
attorneys in a format prescribed by the State Department of Social
Services.  The report shall contain all of the following:
   (1) The number of delinquent obligors certified by district
attorneys under this section.
   (2) The number of support obligors who also were applicants or
licensees subject to this section.
   (3) The number of new licenses and renewals that were delayed,
temporary licenses issued, and licenses suspended subject to this
section and the number of new licenses and renewals granted and
licenses reinstated following board receipt of releases as provided
by subdivision (h) by May 1, 1995.
   (4) The costs incurred in the implementation and enforcement of
this section.
   (q) Any board receiving an inquiry as to the licensed status of an
applicant or licensee who has had a license denied or suspended
under this section or has been granted a temporary license under this
section shall respond only that the license was denied or suspended
or the temporary license was issued pursuant to this section.
Information collected pursuant to this section by any state agency,
board, or department shall be subject to the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code).
   (r) Any rules and regulations issued pursuant to this section by
any state agency, board, or department may be adopted as emergency
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare.  The regulations shall become
effective immediately upon filing with the Secretary of State.
   (s) The State Department of Social Services and boards, as
appropriate, shall adopt regulations necessary to implement this
section.
   (t) The Judicial Council shall develop the forms necessary to
implement this section, except as provided in subdivisions (f) and
(l).
   (u) The release or other use of information received by a board
pursuant to this section, except as authorized by this section, is
punishable as a misdemeanor.
   (v) The State Board of Equalization shall enter into interagency
agreements with the State Department of Social Services and the
Franchise Tax Board that will require the State Department of Social
Services and the Franchise Tax Board to maximize the use of
information collected by the State Board of Equalization, for child
support enforcement purposes, to the extent it is cost-effective and
permitted by the Revenue and Taxation Code.
   (w) The suspension or revocation of any driver's license,
including a commercial driver's license, under this section shall not
subject the licensee to vehicle impoundment pursuant to Section
14602.6 of the Vehicle Code.
   (x) If any provision of this section or the application thereof to
any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
   (y) All rights to administrative and judicial review afforded by
this section to an applicant shall also be afforded to a licensee.
  SEC. 5.5.  Section 11350.6 of the Welfare and Institutions Code is
amended to read:
   11350.6.  (a) As used in this section:
   (1) "Applicant" means any person applying for issuance or renewal
of a license.
   (2) "Board" means any entity specified in Section 101 of the
Business and Professions Code, the entities referred to in Sections
1000 and 3600 of the Business and Professions Code, the State Bar,
the Department of Real Estate, the Department of Motor Vehicles, the
Secretary of State, the Department of Fish and Game, and any other
state commission, department, committee, examiner, or agency that
issues a license, certificate, credential, permit, registration, or
any other authorization to engage in a business, occupation, or
profession, or to the extent required by federal law or regulations,
for recreational purposes.  This term includes all boards,
commissions, departments, committees, examiners, entities, and
agencies that issue a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession.  The failure to specifically name a
particular board, commission, department, committee, examiner,
entity, or agency that issues a license, certificate, credential,
permit, registration, or any other authorization to engage in a
business, occupation, or profession does not exclude that board,
commission, department, committee, examiner, entity, or agency from
this term.
   (3) "Certified list" means a list provided by the local child
support agency to the State Department of Social Services in which
the local child support agency verifies, under penalty of perjury,
that the names contained therein are support obligors found to be out
of compliance with a judgment or order for support in a case being
enforced under Title IV-D of the Social Security Act.
   (4) "Compliance with a judgment or order for support" means that,
as set forth in a judgment or order for child or family support, the
obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments in
full, whether court ordered or by agreement with the local child
support agency, on a support arrearage, or in making periodic
payments in full, whether court ordered or by agreement with the
local child support agency, on a judgment for reimbursement for
public assistance, or has obtained a judicial finding that equitable
estoppel as provided in statute or case law precludes enforcement of
the order.  The local child support agencies are authorized to use
this section to enforce orders for spousal support only when the
local child support agency is also enforcing a related child support
obligation owed to the obligee parent by the same obligor, pursuant
to Sections 11475.1 and 11475.2.
   (5) "License" includes membership in the State Bar, and a
certificate, credential, permit, registration, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession, or to operate a commercial motor
vehicle, including appointment and commission by the Secretary of
State as a notary public.  "License" also includes any driver's
license issued by the Department of Motor Vehicles, any commercial
fishing license issued by the Department of Fish and Game, and to the
extent required by federal law or regulations, any license used for
recreational purposes.  This term includes all licenses,
certificates, credentials, permits, registrations, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession.  The failure to specifically
name a particular type of license, certificate, credential, permit,
registration, or other authorization issued by a board that allows a
person to engage in a business, occupation, or profession, does not
exclude that license, certificate, credential, permit, registration,
or other authorization from this term.
   (6) "Licensee" means any person holding a license, certificate,
credential, permit, registration, or other authorization issued by a
board, to engage in a business, occupation, or profession, or a
commercial driver's license as defined in Section 15210 of the
Vehicle Code, including an appointment and commission by the
Secretary of State as a notary public.  "Licensee" also means any
person holding a driver's license issued by the Department of Motor
Vehicles, any person holding a commercial fishing license issued by
the Department of Fish and Game, and to the extent required by
federal law or regulations, any person holding a license used for
recreational purposes.  This term includes all persons holding a
license, certificate, credential, permit, registration, or any other
authorization to engage in a business, occupation, or profession, and
the failure to specifically name a particular type of license,
certificate, credential, permit, registration, or other authorization
issued by a board does not exclude that person from this term.  For
licenses issued to an entity that is not an individual person,
"licensee" includes any individual who is either listed on the
license or who qualifies for the license.
   (b) The local child support agency shall maintain a list of those
persons included in a case being enforced under Title IV-D of the
Social Security Act against whom a support order or judgment has been
rendered by, or registered in, a court of this state, and who are
not in compliance with that order or judgment.  The local child
support agency shall submit a certified list with the names, social
security numbers, and last known addresses of these persons and the
name, address, and telephone number of the local child support agency
that certified the list to the State Department of Social Services.
The local child support agency shall verify, under penalty of
perjury, that the persons listed are subject to an order or judgment
for the payment of support and that these persons are not in
compliance with the order or judgment.  The local child support
agency shall submit to the State Department of Social Services an
updated certified list on a monthly basis.
   (c) The State Department of Social Services shall consolidate the
certified lists received from the local child support agencies and,
within 30 calendar days of receipt, shall provide a copy of the
consolidated list to each board which is responsible for the
regulation of licenses, as specified in this section.
   (d) On or before November 1, 1992, or as soon thereafter as
economically feasible, as determined by the State Department of
Social Services, all boards subject to this section shall implement
procedures to accept and process the list provided by the State
Department of Social Services, in accordance with this section.
Notwithstanding any other provision of law, all boards shall collect
social security numbers from all applicants for the purposes of
matching the names of the certified list provided by the State
Department of Social Services to applicants and licensees and of
responding to requests for this information made by child support
agencies.
   (e) (1) Promptly after receiving the certified consolidated list
from the State Department of Social Services, and prior to the
issuance or renewal of a license, each board shall determine whether
the applicant is on the most recent certified consolidated list
provided by the State Department of Social Services.  The board shall
have the authority to withhold issuance or renewal of the license of
any applicant on the list.
   (2) If an applicant is on the list, the board shall immediately
serve notice as specified in subdivision (f) on the applicant of the
board's intent to withhold issuance or renewal of the license.  The
notice shall be made personally or by mail to the applicant's last
known mailing address on file with the board.  Service by mail shall
be complete in accordance with Section 1013 of the Code of Civil
Procedure.
   (A) The board shall issue a temporary license valid for a period
of 150 days to any applicant whose name is on the certified list if
the applicant is otherwise eligible for a license.
   (B) Except as provided in subparagraph (D), the 150-day time
period for a temporary license shall not be extended.  Except as
provided in subparagraph (D), only one temporary license shall be
issued during a regular license term and it shall coincide with the
first 150 days of that license term.  As this paragraph applies to
commercial driver's licenses, "license term" shall be deemed to be 12
months from the date the application fee is received by the
Department of Motor Vehicles.  A license for the full or remainder of
the license term shall be issued or renewed only upon compliance
with this section.
   (C) In the event that a license or application for a license or
the renewal of a license is denied pursuant to this section, any
funds paid by the applicant or licensee shall not be refunded by the
board.
   (D) This paragraph shall apply only in the case of a driver's
license, other than a commercial driver's license.  Upon the request
of the local child support agency or by order of the court upon a
showing of good cause, the board shall extend a 150-day temporary
license for a period not to exceed 150 extra days.
   (3) (A) The State Department of Social Services may, when it is
economically feasible for the department and the boards to do so as
determined by the department, in cases where the department is aware
that certain child support obligors listed on the certified lists
have been out of compliance with a judgment or order for support for
more than four months, provide a supplemental list of these obligors
to each board with which the department has an interagency agreement
to implement this paragraph.  Upon request by the department, the
licenses of these obligors shall be subject to suspension, provided
that the licenses would not otherwise be eligible for renewal within
six months from the date of the request by the department.  The board
shall have the authority to suspend the license of any licensee on
this supplemental list.
   (B) If a licensee is on a supplemental list, the board shall
immediately serve notice as specified in subdivision (f) on the
licensee that his or her license will be automatically suspended 150
days after notice is served, unless compliance with this section is
achieved.  The notice shall be made personally or by mail to the
licensee's last known mailing address on file with the board.
Service by mail shall be complete in accordance with Section 1013 of
the Code of Civil Procedure.
   (C) The 150-day notice period shall not be extended.
   (D) In the event that any license is suspended pursuant to this
section, any funds paid by the licensee shall not be refunded by the
board.
   (E) This paragraph shall not apply to licenses subject to annual
renewal or annual fee.
   (f) Notices shall be developed by each board in accordance with
guidelines provided by the State Department of Social Services and
subject to approval by the State Department of Social Services.  The
notice shall include the address and telephone number of the local
child support agency that submitted the name on the certified list,
and shall emphasize the necessity of obtaining a release from that
local child support agency as a condition for the issuance, renewal,
or continued valid status of a license or licenses.
   (1) In the case of applicants not subject to paragraph (3) of
subdivision (e), the notice shall inform the applicant that the board
shall issue a temporary license, as provided in subparagraph (A) of
paragraph (2) of subdivision (e), for 150 calendar days if the
applicant is otherwise eligible and that upon expiration of that time
period the license will be denied unless the board has received a
release from the local child support agency that submitted the name
on the certified list.
   (2) In the case of licensees named on a supplemental list, the
notice shall inform the licensee that his or her license will
continue in its existing status for no more than 150 calendar days
from the date of mailing or service of the notice and thereafter will
be suspended indefinitely unless, during the 150-day notice period,
the board has received a release from the local child support agency
that submitted the name on the certified list. Additionally, the
notice shall inform the licensee that any license suspended under
this section will remain so until the expiration of the remaining
license term, unless the board receives a release along with
applications and fees, if applicable, to reinstate the license during
the license term.
   (3) The notice shall also inform the applicant or licensee that if
an application is denied or a license is suspended pursuant to this
section, any funds paid by the applicant or licensee shall not be
refunded by the board. The State Department of Social Services shall
also develop a form that the applicant shall use to request a review
by the local child support agency.  A copy of this form shall be
included with every notice sent pursuant to this subdivision.
   (g) (1) Each local child support agency shall maintain review
procedures consistent with this section to allow an applicant to have
the underlying arrearage and any relevant defenses investigated, to
provide an applicant information on the process of obtaining a
modification of a support order, or to provide an applicant
assistance in the establishment of a payment schedule on arrearages
if the circumstances so warrant.
   (2) It is the intent of the Legislature that a court or local
child support agency, when determining an appropriate payment
schedule for arrearages, base its decision on the facts of the
particular case and the priority of payment of child support over
other debts.  The payment schedule shall also recognize that certain
expenses may be essential to enable an obligor to be employed.
Therefore, in reaching its decision, the court or the local child
support agency shall consider both of these goals in setting a
payment schedule for arrearages.
   (h) If the applicant wishes to challenge the submission of his or
her name on the certified list, the applicant shall make a timely
written request for review on the form specified in subdivision (f)
to the local child support agency that certified the applicant's
name.  The local child support agency shall, within 75 days of
receipt of the written request, inform the applicant in writing of
its findings upon completion of the review.  The local child support
agency shall immediately send a release to the appropriate board and
the applicant, if any of the following conditions are met:
   (1) The applicant is found to be in compliance or negotiates an
agreement with the local child support agency for a payment schedule
on arrearages or reimbursement.
   (2) The applicant has submitted a request for review, but the
local child support agency will be unable to complete the review and
send notice of its findings to the applicant within 75 days.  This
paragraph applies only if the delay in completing the review process
is not the result of the applicant's failure to act in a reasonable,
timely, and diligent manner upon receiving notice from the board that
his or her name is on the list.
   (3) The applicant has filed and served a request for judicial
review pursuant to this section, but a resolution of that review will
not be made within 150 days of the date of service of notice
pursuant to subdivision (f).  This paragraph applies only if the
delay in completing the judicial review process is not the result of
the applicant's failure to act in a reasonable, timely, and diligent
manner upon receiving the local child support agency's notice of its
findings.
   (4) The applicant has obtained a judicial finding of compliance as
defined in this section.
   (i) An applicant is required to act with diligence in responding
to notices from the board and the local child support agency with the
recognition that the temporary license will lapse or the license
suspension will go into effect after 150 days and that the local
child support agency and, where appropriate, the court must have time
to act within that period.  An applicant's delay in acting, without
good cause, which directly results in the inability of the local
child support agency to complete a review of the applicant's request
or the court to hear the request for judicial review within the
150-day period shall not constitute the diligence required under this
section which would justify the issuance of a release.
   (j) Except as otherwise provided in this section, the local child
support agency shall not issue a release if the applicant is not in
compliance with the judgment or order for support.  The local child
support agency shall notify the applicant in writing that the
applicant may, by filing an order to show cause or notice of motion,
request any or all of the following:
   (1) Judicial review of the local child support agency's decision
not to issue a release.
   (2) A judicial determination of compliance.
   (3) A modification of the support judgment or order.
   The notice shall also contain the name and address of the court in
which the applicant shall file the order to show cause or notice of
motion and inform the applicant that his or her name shall remain on
the certified list if the applicant does not timely request judicial
review.  The applicant shall comply with all statutes and rules of
court regarding orders to show cause and notices of motion.
   Nothing in this section shall be deemed to limit an applicant from
filing an order to show cause or notice of motion to modify a
support judgment or order or to fix a payment schedule on arrearages
accruing under a support judgment or order or to obtain a court
finding of compliance with a judgment or order for support.
   (k) The request for judicial review of the local child support
agency's decision shall state the grounds for which review is
requested and judicial review shall be limited to those stated
grounds.  The court shall hold an evidentiary hearing within 20
calendar days of the filing of the request for review.  Judicial
review of the local child support agency's decision shall be limited
to a determination of each of the following issues:
   (1) Whether there is a support judgment, order, or payment
schedule on arrearages or reimbursement.
   (2) Whether the petitioner is the obligor covered by the support
judgment or order.
   (3) Whether the support obligor is or is not in compliance with
the judgment or order of support.
   (4) The extent to which the needs of the obligor, taking into
account the obligor's payment history and the current circumstances
of both the obligor and the obligee, warrant a conditional release as
described in this subdivision.
   The request for judicial review shall be served by the applicant
upon the local child support agency that submitted the applicant's
name on the certified list within seven calendar days of the filing
of the petition.  The court has the authority to uphold the action,
unconditionally release the license, or conditionally release the
license.
   If the judicial review results in a finding by the court that the
obligor is in compliance with the judgment or order for support, the
local child support agency shall immediately send a release in
accordance with subdivision (h) to the appropriate board and the
applicant.  If the judicial review results in a finding by the court
that the needs of the obligor warrant a conditional release, the
court shall make findings of fact stating the basis for the release
and the payment necessary to satisfy the unrestricted issuance or
renewal of the license without prejudice to a later judicial
determination of the amount of support arrearages, including
interest, and shall specify payment terms, compliance with which are
necessary to allow the release to remain in effect.
   (l) The State Department of Social Services shall prescribe
release forms for use by local child support agencies.  When the
obligor is in compliance, the local child support agency shall mail
to the applicant and the appropriate board a release stating that the
applicant is in compliance.  The receipt of a release shall serve to
notify the applicant and the board that, for the purposes of this
section, the applicant is in compliance with the judgment or order
for support.  Any board that has received a release from the local
child support agency pursuant to this subdivision shall process the
release within five business days of its receipt.
   If the local child support agency determines subsequent to the
issuance of a release that the applicant is once again not in
compliance with a judgment or order for support, or with the terms of
repayment as described in this subdivision, the local child support
agency may notify the board, the obligor, and the State Department of
Social Services in a format prescribed by the State Department of
Social Services that the obligor is not in compliance.
   The State Department of Social Services may, when it is
economically feasible for the department and the boards to develop an
automated process for complying with this subdivision, notify the
boards in a manner prescribed by the department, that the obligor is
once again not in compliance.  Upon receipt of this notice, the board
shall immediately notify the obligor on a form prescribed by the
department that the obligor's license will be suspended on a specific
date, and this date shall be no longer than 30 days from the date
the form is mailed.  The obligor shall be further notified that the
license will remain suspended until a new release is issued in
accordance with subdivision (h).  Nothing in this section shall be
deemed to limit the obligor from seeking judicial review of
suspension pursuant to the procedures described in subdivision (k).
   (m) The State Department of Social Services may enter into
interagency agreements with the state agencies that have
responsibility for the administration of boards necessary to
implement this section, to the extent that it is cost-effective to
implement this section.  These agreements shall provide for the
receipt by the other state agencies and boards of federal funds to
cover that portion of costs allowable in federal law and regulation
and incurred by the state agencies and boards in implementing this
section.  Notwithstanding any other provision of law, revenue
generated by a board or state agency shall be used to fund the
nonfederal share of costs incurred pursuant to this section.  These
agreements shall provide that boards shall reimburse the State
Department of Social Services for the nonfederal share of costs
incurred by the department in implementing this section.  The boards
shall reimburse the State Department of Social Services for the
nonfederal share of costs incurred pursuant to this section from
moneys collected from applicants and licensees.
   (n) Notwithstanding any other provision of law, in order for the
boards subject to this section to be reimbursed for the costs
incurred in administering its provisions, the boards may, with the
approval of the appropriate department
                director, levy on all licensees and applicants a
surcharge on any fee or fees collected pursuant to law, or,
alternatively, with the approval of the appropriate department
director, levy on the applicants or licensees named on a certified
list or supplemental list, a special fee.
   (o) The process described in subdivision (h) shall constitute the
sole administrative remedy for contesting the issuance of a temporary
license or the denial or suspension of a license under this section.
  The procedures specified in the administrative adjudication
provisions of the Administrative Procedure Act (Chapter 4.5
(commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code) shall not apply to the denial, suspension, or failure to issue
or renew a license or the issuance of a temporary license pursuant to
this section.
   (p) In furtherance of the public policy of increasing child
support enforcement and collections, on or before November 1, 1995,
the State Department of Social Services shall make a report to the
Legislature and the Governor based on data collected by the boards
and the local child support agencies in a format prescribed by the
State Department of Social Services.  The report shall contain all of
the following:
   (1) The number of delinquent obligors certified by local child
support agencies under this section.
   (2) The number of support obligors who also were applicants or
licensees subject to this section.
   (3) The number of new licenses and renewals that were delayed,
temporary licenses issued, and licenses suspended subject to this
section and the number of new licenses and renewals granted and
licenses reinstated following board receipt of releases as provided
by subdivision (h) by May 1, 1995.
   (4) The costs incurred in the implementation and enforcement of
this section.
   (q) Any board receiving an inquiry as to the licensed status of an
applicant or licensee who has had a license denied or suspended
under this section or has been granted a temporary license under this
section shall respond only that the license was denied or suspended
or the temporary license was issued pursuant to this section.
Information collected pursuant to this section by any state agency,
board, or department shall be subject to the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code).
   (r) Any rules and regulations issued pursuant to this section by
any state agency, board, or department may be adopted as emergency
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare.  The regulations shall become
effective immediately upon filing with the Secretary of State.
   (s) The State Department of Social Services and boards, as
appropriate, shall adopt regulations necessary to implement this
section.
   (t) The Judicial Council shall develop the forms necessary to
implement this section, except as provided in subdivisions (f) and
(l).
   (u) The release or other use of information received by a board
pursuant to this section, except as authorized by this section, is
punishable as a misdemeanor.
   (v) The State Board of Equalization shall enter into interagency
agreements with the State Department of Social Services and the
Franchise Tax Board that will require the State Department of Social
Services and the Franchise Tax Board to maximize the use of
information collected by the State Board of Equalization, for child
support enforcement purposes, to the extent it is cost-effective and
permitted by the Revenue and Taxation Code.
   (w) (1) The suspension or revocation of any driver's license,
including a commercial driver's license, under this section shall not
subject the licensee to vehicle impoundment pursuant to Section
14602.6 of the Vehicle Code.
   (2) Notwithstanding any other provision of law, the suspension or
revocation of any driver's license, including a commercial driver's
license, under this section shall not subject the licensee to
increased costs for vehicle liability insurance.
   (x) If any provision of this section or the application thereof to
any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
   (y) All rights to administrative and judicial review afforded by
this section to an applicant shall also be afforded to a licensee.
  SEC. 6.  Section 11476.3 is added to the Welfare and Institutions
Code, to read:
   11476.3.  (a) Whenever a state or local governmental agency issues
a notice of support delinquency, the notice shall state the date
upon which the amount of the delinquency was calculated, and shall
notify the obligor that the amount calculated may, or may not,
include accrued interest.  This requirement shall not be imposed
until the local child support agency has instituted any one of the
following systems:
   (1) An automation system approved by the department.
   (2) A safe haven system.
   (3) The California Child Support Automation system defined in
Section 10081.  The notice shall further notify the obligor of his or
her right to an administrative determination of arrears by
requesting that the local child support agency review the arrears,
but that payments on arrears continue to be due and payable unless
and until the local child support agency notifies the obligor
otherwise.  A state agency shall not be required to suspend
enforcement of any arrearages as a result of the obligor's request
for an administrative determination of arrears, unless the agency
receives notification of a suspension pursuant to subdivision (b) of
Section 11350.8.
   (b) For purposes of this section, "notice of support delinquency"
means a notice issued to a support obligor that includes a specific
statement of the amount of delinquent support due and payable.
   (c) This section shall not require a state or local entity to
calculate the amount of a support delinquency, except as otherwise
required by law.
  SEC. 7.  Section 1 of this act shall become operative only if
Assembly Bill 196 is enacted into law during the 1999-2000 Regular
Session, and as enacted, adds Section 17520 to the Family Code.
  SEC. 8.  Section 2 of this act shall become operative only if
Senate Bill 542 is enacted into law during the 1999-2000 Regular
Session, and as enacted, adds Section 17520 to the Family Code.
  SEC. 9.  Section 3 of this act shall become operative only if
either Assembly Bill 196 or Senate Bill 542, or both, are enacted
into law during the 1999-2000 Regular Session, and as enacted, either
or both bills add Section 17520 to the Family Code, in which case
Section 5 of this act shall not become operative.
  SEC. 9.5.  Section 3.5 of this bill incorporates changes to Section
17520 of the Family Code proposed by both this bill and SB 240.  It
shall only become operative if (1) the conditions set forth in
Section 9, that would make Section 3 of this act operative, occur,
(2) both this bill and SB 240 are enacted and become effective on or
before January 1, 2000, (3) each bill adds or amends Section 17520 of
the Family Code, and (4) this bill is enacted after SB 240, in which
case Section 3 of this bill shall not become operative.
  SEC. 10.  Section 4 of this act shall become operative only if
either Assembly Bill 196 or Senate Bill 542, or both, are enacted
into law during the 1999-2000 Regular Session, and as enacted, either
or both bills add Division 17 (commencing with Section 17000) to the
Family Code, in which case Section 6 of this act shall not become
operative.
  SEC. 10.5.  Section 5.5 of this bill incorporates amendments to
Section 11350.6 of the Welfare and Institutions Code proposed by both
this bill and SB 240.  It shall only become operative if (1) the
conditions set forth in Section 9, that would make Section 3 of this
act operative, do not occur, (2) both bills are enacted and become
effective on or before January 1, 2000, (3) each bill amends Section
11350.6 of the Welfare and Institutions Code, and (4) this bill is
enacted after SB 240, in which case Section 5 of this bill shall not
become operative.
  SEC. 11.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
